I am expecting a mortgage with Santander. I would like to retain the legal services of a Licensed Conveyancer in Malmesbury. Does the Santander Conveyancing panel allow for conveyancers regulated by the CLC?
The Santander approved solicitor list is, like many other lenders, associated to the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
My partner and I are purchasing a new build duplex in Malmesbury and my solicitor is informing me that she is duty bound to the mortgage company to reveal incentives from the developer. The Estate Agents are hassling me to exchange contracts and my preference is not to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My husband and I are in the process of viewing houses in Malmesbury and I am now considering a potential offer. Is it too early to have a solicitor in place? I will be getting a mortgage with HSBC.
It would be prudent to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. As you are seeking a mortgage with HSBC, ask your prospective lawyers if they are on the HSBC conveyancing panel otherwise they can't do the mortgage legal work.
I recently had an offer agreed on a house in Malmesbury. My financial adviser suggested a solicitor. I paid an upfront payment of £200. Soon after, the property lawyer contacted me embarrassingly acknowledging that they were not on the Coventry BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Coventry BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am selling my apartment. I had a double glazing fitted in July 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Principality are being difficult. The Malmesbury solicitor who is on the Principality conveyancing panel is saying indemnity insurance will be fine but Principality are insisting on a building regulation certificate. Why do Principality have a conveyancing panel if they don't accept advice from them?
It is probably the case that Principality have referred the matter to their valuer. The reason why Principality may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I acquired my apartment on 12 June and my personal details is not yet registered. Any reason for this? My conveyancing solicitor in Malmesbury expressed confidence that it should be dealt with in less than a month. Are properties in Malmesbury particularly slow to register?
As far as conveyancing in Malmesbury registration is no faster or slower than anywhere else in the country. As opposed to being determined by geographic area, timeframes can adjust according to who lodges the application, whether it is in order and if the Land registry need to notify any 3rd parties. As of today approximately 80% of such applications are completed in less than three weeks but some can be subject to extensive delays. Registration takes place after the new owner has moved in to the premises thus 'speed' is not always primary concern but if it is urgent that the the registration takes place urgently then you or your solicitor should contact the land registry and explain the circumstances.
How can the Landlord & Tenant Act 1954 impact my business property in Malmesbury and how can you help?
The 1954 Act gives a safeguard to commercial leaseholders, granting the a statutory right to make a request to court for a renewal lease and continue in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Malmesbury
At what stage do I cover the costs of stamp duty payable for my conveyancing in Malmesbury?
The property lawyer should complete a Land Transaction Return Form for you during your Malmesbury conveyancing transaction for signature. After completion your property lawyer will submit the STL application to the Tax Authorities and - as long as they have the funds - pay any land tax due on your behalf.